7.9.1 Eligibility for arbitration

WIC Workplace Injury Commission can accept a referral to arbitration by a worker, or a worker’s authorised representative, where all of the following apply:

• the claimed injury/injuries are sustained from 1 September 2022 (s623MA)
  Note: for gradual onset injuries including industrial deafness, or where the dispute concerns the date of injury, the referral to arbitration may be accepted, and the date of the injury will be determined by reference to facts and law;

• a Genuine Dispute A genuine dispute is one in which the parties cannot reach an agreement but the conciliation officer considers the dispute is genuine. certificate has been issued with respect to one or more of the following*

  • weekly payments

  • medical and like expenses

  • compensation in the form of superannuation contributions

  • interest on any outstanding amount;

• the dispute does not relate to the rejection of a claim or is based on eligibility criteria (for workers injured on or after 31 March 2024) – see section 301C(2A) of the WIRC Act Workplace Injury Rehabilitation & Compensation Act 2013 for further detail

• the referral for arbitration is lodged within 60 days of receipt of the Genuine Dispute Certificate or by a later date if WIC allows an extension (see 7.9.2 Worker makes Referral for Arbitration)

• an application has not been made to a Court for the dispute to be determined (this does not include any common law proceedings); and

• the dispute is not a duplicate of a dispute already determined by WIC.
  Note: a referral for arbitration will be accepted where a determination has previously been made by WIC, and the Agent or Self-insurer has issued a further notice in relation to the claim (which has been through conciliation and a Genuine Dispute Certificate has been issued).

*For the avoidance of doubt, a referral for arbitration will not be accepted if the dispute relates to anything other than the disputes referred to above. For example:

• provisional payments

• access to information requests

• impairment benefit claims

• impairment determinations for ongoing eligibility determinations (130 week decisions)

• return to work arrangements

• rejection of claim liability or a dispute about eligibility

• an agreement reached at conciliation or arbitration

• a Medical Panel Under the legislation, unless inconsistent with the context or subject-matter — Medical Panel means a Medical Panel constituted under Division 2 of Part 12 opinion

• a decision by WIC that a claimant A person who applies for WorkCover benefits.’s application for conciliation or referral for arbitration was outside its jurisdiction

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